1) on grand father demise your grand mother , father and his 4 siblings would have equal share in the property
2) in case grand mother predeceased grand father then daughter (aunt) would have one fifth share in property
Well settled daughter's rights on father's property
My grandfather died in year 2006 without a will.now my father's sister claim 1/4th of his property.there is some agricultural land and a house included.my aunt had a big house and accured a lot inheritance from her inlaws part. My father and his three brother staying in that house. My question is is she eligible for the claim?
Asked 7 years ago in Property Law
Religion: Hindu
5 Answers
Your paternal daughter being one of the class I legal heirs to your paternal grandfather and is reported to have died intestate, she is legally entitled to 1/4th share out of his own properties as per Hindu Succession act, 1956.
The question is not about her economic status or background. The provisions of law of inheritance clearly entitles her for a legitimate share in her faher's properties. i
Notwithstanding how much property your aunt inherited from her in-laws she succeeded equally to the property of her father on the latter's intestate demise. The share of a daughter is at par with that of son in the self acquired and separate property of her father.
1. On the demise of your grand father without executing WILL, the property would devolve equally to all his legal heirs.
2. Assuming that your grand mother is also not alive, the property would devolve equally to your father and his brothers & sisters.
3. Assuming that your father and his 3 brothers have only one sister, then each of them are entitled to 1/5th share in the property.
1. Since your GF died after 2005 your aunt has share in all his ancestral and self acquired proeprty if your GF has not left any Will.
2. The inheritance of your aunt from her in laws side has no consideration in this.
3. So in other words you can not deprive your aunt from claiming her share from her father's side and if she is refused to have get share she can file suit for partition in civil court to seek necessary relief.
